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HomeMy WebLinkAboutR-11128 denying an appeal of the Planning Commission’s approval of 545 Higuer & 486 Marsh (ARCH-0017-2019)R 11128 RESOLUTION NO. 11128 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A 50-FOOT TALL MIXED-USE PROJECT CONSISTING OF 5,241 SQUARE FEET OF GROUND-FLOOR RETAIL, EIGHT HOTEL SUITES, AND 39 RESIDENTIAL UNITS, INCLUDING MECHANICAL PARKING LIFTS, AND A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS (545 HIGUERA STREET, 486 MARSH STREET, ARCH-0017-2019) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on September 9, 2019, and continued review of the project to a date uncertain, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on October 21, 2019, recommending the Planning Commission find the project consistent with the Community Design Guidelines and two directional items related to colors and architectural details, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 8, 2020, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins, applicant, and moved to continue review of the entitlement to a date uncertain; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, Calif ornia, on February 26, 2020, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins, applicant and approved the mixed-use project with a Categorical Exemption from environmental review; and WHEREAS, on March 9, 2020, Babak Naficy, Attorney filed an appeal on behalf of San Luis Architectural Protection (“SLAP”) and Save Our Downtown (“SOD”) of the Planning Commission’s action on February 26, 2020; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing via webinar on June 2, 2020, pursuant to a proceeding instituted under APPL-0201-2020, Babak Naficy, Attorney filed an appeal on behalf of San Luis Architectural Protection (“SLAP”) and Save Our Downtown (“SOD”), appellants; and Resolution No. 11128 (2020 Series) Page 2 R 11128 WHEREAS, the City Council of the City of San Luis Obispo has duly considered all evidence, including the testimony of the appellants, the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the appeal of the Planning Commission’s decision is denied pursuant to the following findings: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings to deny the appeal (APPL-0201-2020) of the Planning Commission decision, thereby granting final approval to the project (ARCH-0017-2019): a) As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project respects site constraints and will be compatible with the scale and character of the neighborhood. b) The project is consistent with the Zoning Regulations, since the proposed building design complies with all property development standards including height, setbacks, coverage, floor area ratio, density, and parking for the Downtown-Commercial zone. c) The project is consistent with the General Plan Land Use Element, because: the proposed retail, hotel, and residential uses are consistent with uses intended for the Downtown area (Land Use Element Policies 3.8.5, 4.1, and 4.2.1); as proposed and conditioned the project incorporates landscaping, setbacks, and step-backs to provide a protection of existing residential uses (Land Use Element Policy 4.2); and, the project includes public gathering space, onsite walkways and paths, and connections to sidewalks (Land Use Element Policies 4.4 and 4.5). As designed and conditioned, the project is compatible with historically significant and other existing buildings in the immediate neighborhood (Land Use Element Policies 4.16 and 4.20.4). d) The project is consistent with General Plan Land Use Element Policy 2.2.7, because the project is located within a half-mile of an existing transit stop, and is proximate to bicycle routes, parks, open space, and commercial uses. e) The project is consistent with the Zoning Regulations for Mixed-use Projects (Section 17.70.130) because the proposed building design complies with objective design criteria and performance standards for mixed-use development. f) The project is consistent with the Zoning Regulations for Rooftop Uses (Section 17.70.150) because the roof deck would be located at 40 feet, 6 inches in elevation, which is below the maximum allowable building height for the structure (50 feet) and would be in compliance with required performance standards related to lighting and noise. Resolution No. 11128 (2020 Series) Page 3 R 11128 g) The project design is consistent with the City’s Community Design Guidelines because the architectural design of the project is compatible with design and scale of existing structures in the surrounding neighborhood, the project incorporates articulation to minimize massing, visual linkages are provided through the use of landscaping, and pedestrian walkways, the proposed design demonstrates use of articulated facades by incorporating textured materials, balconies and decks, and a variety of siding materials (brick and stucco) is proposed to provide texture, relief, and visual interest consistent with the Downtown Design Guidelines and visual character of the neighborhood. h) The use of mechanical lift parking results in superior design and implementation of City goals and policies for infill development, because it would allow for the provision of parking spaces for proposed retail, hotel, and residential uses in a compact location within an enclosed garage. i) As the mechanical lift parking system would be located within an enclosed garage, it will be adequately screened and compatible with the character of surrounding development and the Community Design Guidelines. j) As the mechanical lift parking system would be located within an enclosed garage, it will comply with all development standards including but not limited to height and setback requirements and parking and driveway standards, except for minimum parking stall sizes, which are established by lift specifications. k) As conditioned, there exists adequate agreement running with the land that mechanical parking systems will be safely operated and maintained in continual operation except for limited periods of maintenance. l) There are no circumstances of the site or development or particular model or type of mechanical lift system that could result in significant impacts to those living or working on the site or in the vicinity. m) The project is a “housing development project” subject to and as defined by the Housing Accountability Act [Government Code 65589.5 (h)(2)(B)], as “housing development projects” include mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and does not require that the nonresidential use be located on the first floor only. As such, the project meets this requirement. Resolution No. 11128 (2020 Series) Page 4 R 11128 SECTION 2. Environmental Review. The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and applicable regulations. The project site occurs on a property of no more than five acres, which is currently developed with existing commercial and office uses and associated parking, is substantially surrounded by urban uses, and has no value as habitat for endangered, rare or threatened species. The project would be served by adequate required utilities and public services. The project has been reviewed by the City Public Works Department, Transportation Division, and no significant traffic impacts were identified, based on the size and location of the project. Based on the current use of the site, the proposed project as designed, the location of the project, and compliance with existing Zoning and Municipal Code Regulations including the City’s Noise and Stormwater Regulations, the project would not result in any significant effects related to noise, air quality, or water quality. Based on the projects location within the Downtown Commercial zone, and the project’s consistency with the General Plan, Downtown Concept Plan, and Zoning Regulations, and presence of historic resources throughout the Downtown and areas subject to the same policies and regulations, no unusual circumstance exists in accordance with the Berkeley Hillside Preservation v. the City of Berkeley, 60 Cal 4th 1086 (2015) case. Furthermore, based on the project’s design, which incorporates forms, step backs, setbacks, landscaping, and materials found to be consistent with the General Plan and Community Design Guidelines, and the initial recommendations of the historic assessment and the conclusion of the Historical Compatibility Letter, the project would not result in a significant adverse impact or cumulative impact to historical resources as defined by the California Environmental Quality Act. Resolution No. 11128 (2020 Series) Page 5 R 11128 SECTION 3. Action. Based on the foregoing findings and evidence in the record, the City Council does hereby deny the appeal of the Planning Commission’ s action to approve the design of the proposed project thereby granting final approval of the application ARCH-0017-2019 for a mixed-use project and the use of mechanical parking lifts for the proposed project at 545 Higuera Street and 486 Marsh Street, as conditioned by the Planning Commission. Upon motion of Council Member Christianson, seconded by Council Member Stewart, and on the following roll call vote: AYES: Council Member Christianson, Stewart and Vice Mayor Gomez NOES: Mayor Harmon RECUSED: Council Member Pease The foregoing resolution was adopted this 2nd day of June 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on _____________________. ____________________________________ Teresa Purrington City Clerk